Civil Rights Training Alabama State Department of Education

Civil Rights Training Alabama State Department of Education Civil Rights Division Food and Nutrition Service, USDA 1

Training is required so that individuals involved in all levels of administration of programs that receive Federal financial assistance also understand Federal laws, regulations, instructions, policies and other guidance that impacts their food program(s). 2

Discrimination is any different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglect, or by the actions or lack of actions based on… 3

Six protected "bases" of Discrimination: 1)Race 2)Color 3)National Origin 4)Age 5)Sex 6)Disability 4

� To qualify for Federal financial assistance, the Food Bank of North Alabama must provide a written assurance that their program will be operated in compliance with the Civil Rights laws and implementing nondiscrimination regulations. As a “Subrecipient” of such aid, your agency agreement with the Food Bank of North Alabama must also include a Civil Rights assurance of nondiscrimination. 5

These assurances of compliance are binding on the program applicant and its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from USDA. 6

All food assistance programs must include a "public notification system. “ These systems consist of elements that must be easily accessible and visible at the point of food distribution, as well as elements whenever you advertise or promote your food program. 7

Program Availability You must inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation. This can be accomplished by posting the information at the point of distribution. Complaint Information Advise applicants and participants at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures. This is also accomplished by posting a complaint procedure prominently at the point of distribution. 8

� Nondiscrimination Statement All information materials and sources, including Web sites, used to inform the public about food programs must contain a nondiscrimination statement. (Also accomplished by posting it at point of distribution). If you are advertising your food program in any way, including church newsletters, it must include a basic nondiscrimination statement. The statement is not required to be included on every page of a program‘s Web site. At a minimum, the nondiscrimination statement or a link to it must be included on the home page of the program information. The Food Bank posts this on OUR website, which lists all our agencies. 20

As a Food Bank partner, you must: Make program information available to the public upon request; Prominently display the “And Justice for All” poster; Inform potentially eligible persons, applicants, participants and grassroots organizations of programs or changes in programs; Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program- related information; Provide appropriate information in alternative formats for persons with disabilities and in the appropriate language(s) for LEP persons. 10

In accordance with Federal civil rights law and U. S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e. g. Braille, large print, audiotape, American Sign Language, etc. ), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877 -8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http: //www. ascr. usda. gov/complaint_filing_cust. html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632 -9992. Submit your completed form or letter to USDA by: (1) mail: U. S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D. C. 20250 -9410; (2) fax: (202) 690 -7442; or (3) email: program. intake@usda. gov. This institution is an equal opportunity provider. 11

De conformidad con la Ley Federal de Derechos Civiles y los reglamentos y políticas de derechos civiles del Departamento de Agricultura de los EE. UU. (USDA, por sus siglas en inglés), se prohíbe que el USDA, sus agencias, oficinas, empleados e instituciones que participan o administran programas del USDA discriminen sobre la base de raza, color, nacionalidad, sexo, discapacidad, edad, o en represalia o venganza por actividades previas de derechos civiles en algún programa o actividad realizados o financiados por el USDA. Las personas con discapacidades que necesiten medios alternativos para la comunicación de la información del programa (por ejemplo, sistema Braille, letras grandes, cintas de audio, lenguaje de señas americano, etc. ), deben ponerse en contacto con la agencia (estatal o local) en la que solicitaron los beneficios. Las personas sordas, con dificultades de audición o discapacidades del habla pueden comunicarse con el USDA por medio del Federal Relay Service [Servicio Federal de Retransmisión] al (800) 877 -8339. Además, la información del programa se puede proporcionar en otros idiomas. Para presentar una denuncia de discriminación, complete el Formulario de Denuncia de Discriminación del Programa del USDA, (AD 3027) que está disponible en línea en: http: //www. ascr. usda. gov/complaint_filing_cust. html y en cualquier oficina del USDA, o bien escriba una carta dirigida al USDA e incluya en la carta toda la información solicitada en el formulario. Para solicitar una copia del formulario de denuncia, llame al (866) 632 -9992. Haga llegar su formulario lleno o carta al USDA por: (1) correo: U. S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D. C. 20250 -9410; (2) fax: (202) 690 -7442; o (3) correo electrónico: program. intake@usda. gov. Esta institución es un proveedor que ofrece igualdad de oportunidades. 12

At a minimum, the BASIC/SHORT VERSION of the Nondiscrimination Statement (see next slide) should be on: Application Form(s) Notification of Eligibility or Ineligibility Program (Home) Web Page Public Information, including program literature 13

◦ The Short version of the Non-discrimination Statement: �"This institution is an equal opportunity provider. " �Esta institución es un proveedor que ofrece igualdad de oportunidades. �(Publish BOTH the English and Spanish lines in your publications or web postings about your food program). 14

� Display the poster in a prominent location for all to view � AD-475 A ◦ New required version (green). Contact the Food Bank if you do not have this newer version. 15

� Complaints shall be accepted and forwarded to USDA; � Complaints must be filed within 180 days from the alleged act of discrimination; � Complaints � � may be written, verbal, or anonymous; State agencies or subrecipient agencies (Food Bank partner agencies) may develop their own complaint forms, but the use of such forms cannot be a prerequisite for acceptance ; A separate Civil Rights complaint log shall be maintained by the State & subrecipient agency; � Confidentiality maintained. is extremely important and must be 16

Complaints should include: � Name, address, and telephone number of the complainant � The location and name of the organization or office � The nature of the incident or action � � � The names, titles, and business addresses of persons who may have knowledge of the discriminatory action The date(s) during which the alleged discriminatory actions occurred The basis for the alleged discrimination. 17

�USDA Discrimination Complaint Form ◦ English http: //www. ocio. usda. gov/sites/default/files/docs/2012/Co mplain_combined_6_8_12. pdf ◦ Spanish http: //www. ocio. usda. gov/sites/default/files/docs/2012/Sp anish_Form_508_Compliant_6_8_12_0. pdf 18

The Food Bank of North Alabama is responsible for training our partner agencies on an annual basis. Partner agencies are responsible for further training at their site, including “frontline staff” who interact with applicants or participants on an annual basis. Document this employee training with a training log. New employees of your agency must be trained in Civil Rights before participating in your Food Program activities. Volunteers must receive training appropriate to their roles and responsibilities 30

Handling a Civil Rights Complaint at your Agency * Listen to the person making the complaint * Practice good customer service * Write it down using an established form the Food Bank or USDA website for most recent version) Immediately move complaint up to the person in charge of your program. * (see

FORMALIZE your Complaint Process * Document your agency’s civil rights complaint process * Update the process as needed * Make sure your staff and volunteers who work with your food program know the procedure when a complaint is lodged.

KNOW THE DIFFERENCE between a Civil Rights Complaint and a Program Complaint * A program complaint is NOT the same thing as a Civil Rights Complaint – program complaints are not based on one of the six protected classes, and are typically about things like food safety or quality and customer service. * Your agency should have an internal method for dealing with program complaints from your clients, but understand the difference between them and a civil rights complaint.

EQUAL OPPORTUNITIES FOR RELIGIOUS ORGANIZATIONS It is important to ensure a “level playing field” for the participation of faith-based organizations and other community organizations in USDA programs. A Religious organization that participates in a USDA program is allowed to retain its independence and continue to carry out its mission. USDA funds may not support any inherently religious activities such as worship, religious instruction, or trying to convert to any religion. These activities must be conducted INDEPENDENTLY of any food distribution program.

EQUAL OPPORTUNITIES FOR RELIGIOUS ORGANIZATIONS Faith-based organizations CAN: * Use space in their facilities to provide USDA funded services (food) without removing religious art, icons, scriptures, or other religious symbols. * Can retain religious terms in organization’s name, even in Food Program’s name (example: First Baptist Church has a food program they call “Jesus Feeds. ” No problem with that).

EQUAL OPPORTUNITIES FOR RELIGIOUS ORGANIZATIONS Faith-based organizations CANNOT: * Discriminate for or against an organization on the basis of religion or religious affiliation * Discriminate against a program beneficiary on the basis of religion or religious belief * Require joining a religious organization or group, or attending or participating in a religious practice or serve as a condition of receiving the food.

EQUAL OPPORTUNITIES FOR RELIGIOUS ORGANIZATIONS Faith-based organizations CANNOT: * Organizations may not engage in any inherently religious activities, such as worship, religious instruction, or trying to convert to any religion AS PART OF THE DISTRIBUTION of food. * Religious activities must be offered separately, in time or location, from the distribution of food.

SAMPLE CIVIL RIGHTS COMPLAINT #1 A complaint is received at your food pantry where a person was given less food than what other people of a different race received, even though they have about the same number of people in the household. The person complaining believes the difference was because she is a different race than the volunteers at the church doing the food distribution. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?

YES This is a Civil Rights violation, because “Race” is considered a Protected Class. NEXT STEPS: • Read your Civil Rights Complaint Procedure • Contact the State of Alabama Department of Education with the complaint via phone and/or email as soon as possible. • Mail written documentation of the complaint to the State of Alabama Department of Education within 3 to 10 business days from when you received the complaint. • The complaintant MAY choose to contact the State of Alabama directly – that is permissable, but also retain thorough records at your organizatiion.

SAMPLE CIVIL RIGHTS COMPLAINT #2 A complaint was received from a woman who said she was not allowed to receive food at a local pantry. She was told she did not qualify because she is over 65 years of age. The woman says she was required to prove her age and eligibility by showing her drivers license. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?

YES This is a Civil Rights violation, because “Age” is considered a Protected Class. Food Pantries should not ask for any type of verification such as Driver’s License, social security card, or any other form of identification to verify the recipient’s personal information. The eligibility form used by the USDA program is considered “self-attesting” - it does not require the recipient provide proof of their eligibility statements.

SAMPLE CIVIL RIGHTS COMPLAINT #3 A food pantry received a complaint that a volunteer who was conducting a screening for eligibility to receive food from the pantry asked a woman the following questions: “Name, address, are you registered to vote? If so, will you be voting for John Jones for public office? ” When the client answered “no, ” the volunteer stated she did not qualify to receive food at this time. The complaintant believes she did not receive food due to her stated voting preference, even though she did meet the standard eligibility criteria. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?

NO This is a valid PROGRAM complaint, but not a Civil Rights complaint. Political beliefs should NOT be asked about during a food distribution, but ones’ political beliefs are not considered a “protected class” under the USDA food program or civil rights.

SAMPLE CIVIL RIGHTS COMPLAINT #4 A food pantry received a complaint from a man who claims he is handicapped and can’t walk up the five stairs to the pantry. He wants them to deliver the food to his house. The pantry has a designated handicap parking spot at the entrance and a sign noting that a person can honk and food will be brought to the car. The man still insisted they deliver the food to his house or else he would file a complaint. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?

NO While disability IS a protected class under civil rights law, the pantry had made a reasonable accommodation for the handicapped by designating both a space and a process whereby a handicapped person could receive food there without having to negotiate stairs. The recipient could still file a complaint, but the Food pantry has already made a reasonable accommodation at their program.

SAMPLE CIVIL RIGHTS COMPLAINT #5 A program received a complaint that a man was refused food at its soup kitchen serving USDA food because he is of Arabic descent and a Muslim. The soup kitchen requires the group to bow their head and say the Lord’s Prayer before the meal is served. He had refused to do so, otherwise, they would have served him. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?

MAYBE This COULD be a Civil Rights complaint under “National Origin, ” but it would have to be proven that the soup kitchen did discriminate due to the client being Arabic. If that could not be proven, then this would not be a Civil Rights complaint, but could be a Program complaint under “Religion. ” REMEMBER: While not a Civil Rights complaint, Program complaints must also be handled seriously by your agency, and you should have a specific policy and procedure for dealing with those types of complaints, too. Program complaints made directly to your organization (rather than to the Food Bank) should be taken and forwarded to the Food Bank for evaluation.

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